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Lessons fromNATA’s AirCharter SummitBy Jacqueline Rosser, NATA Director of Regulatory AffairThere was much to learn at the 2007 NATA AirCharter Summit. If you didn’t attend the summit,here are the top five issues you didn’thear about firsthand.FAA headquarters attorney Joe Conte raised the hackles of the audience—and aloud collective groan—when he suggested that certain “on-demand” flights forone client might be considered “scheduled” for another. The controversy generatedguidance appearing in this issue of ABJ.Senior leaders of several fractional providers addressed attendees on new businessopportunities and best practices for charter providers supplying surge capacity tothem. Those taking questions included (fromleft) Steve Hankin, president and COO,Jet Direct - Sentient; James P. Miller, executive vice president, Flight Options; DavidW. Gross, vice president of operations, Bombardier Flexjet; and James Christiansen,president, NetJets Aviation.1. Empty-leg postings could be consideredscheduled flights by the Federal AviationAdministration (FAA).Yes, they could be if certain conditions are not met.According to an FAA lawyer speaking at the summitand recent legal opinions, it is possible for emptylegflights to cross the line between on-demand andscheduled operations. There are three elementsthat create a schedule if set by the operator: departurelocation, departure time, and arrival location.As long as the customer can determine at least oneof those elements, the flight is on-demand. However,if the three elements are “held out” by the operatorand a customer books that trip, the FAA maydeem the flight a scheduled operation. (See relatedarticle on page 25.)Continued on page 30Aviation Business Journal | 3 rd Quarter 200729